DOMA immigrant challengers get temporary respite

Binational LGBT couples win small victoryBY ELISE FOLEY
Huffington Post Gay Voices

As long as the Defense of Marriage Act (DOMA) is in effect, same-sex binational couples won’t be able to petition for the foreign-born partner to receive legal status. In the meantime, though, a group pushing the Obama administration to delay decisions on green card applications won a small victory last week when a judge ordered a stay on its lawsuit against the government.

Five same-sex couples, some with visas and some without, were named in the challenge against DOMA filed April 2 by advocacy group Immigration Equality and the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP. It contends that “[s]olely because of DOMA and its unconstitutional discrimination against same-sex couples, these Plaintiffs are being denied the immigration rights afforded to other similarly situated binational couples.”

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